Fractions of inheritance adding up to more than 1!

[Sabir Mahmud]

Salamun Alaikum,

I have questions about the inheritance law mentioned in 4:11 and 4:12. I know these laws are effective after completing the will and paying the debts.

The problem is, while distributing the wealth, many cases appear when the sum of the fractions exceeds 1. For example: say, a man died and he has 3 daughters and a wife and both parents alive.

Now, according to 4:11 and 4:12, the fractions of property they receive are:
3 daughters = 2/3
Father = 1/6
Mother = 1/6
Wife = 1/8

If we take them to common denominator,
2/3 = 16/24
1/6 = 4/24
1/6 = 4/24
1/8 = 3/24
Total = 16/24 + 4/24 + 4/24 + 3/24 = 27/24

Which is greater than 1! Then, how are we supposed to distribute the remnant wealth?

For such cases traditional scholars invented a method, called the law of 'Awl'. According to this law, in such cases some portion of property from each receiver's part is reduced proportionally to cover up the shortage.

But, the law of 'Awl' is not mentioned in the quran. Critics of islam are also not convinced by the law of 'awl'. They say, it's a man made law to correct God's mistake!

Can someone please give another interpretation of 4:11 and 4:12 so that the sum of the fractions never exceeds 1?

[Sabir Mahmud]

I got a good solution regarding this issue from a submitter(i.e. follower of Rashad Khalifa)

He gave me this translation:
[4:11]
Allah instructs you concerning your children [i.e. their portions of inheritance]: for the male, what is equal to the share of two females. But if there are [only] women, for two or more daughters is two thirds of one's estate, and if there is only one [daughter], for her is half. And for one's parents, to each one of them is a sixth of his estate if he left children. But if he had no children and the parents [alone] inherit from him, then for his mother is one third. And if he had brothers [and/or sisters], for his mother is a sixth, after any bequest he made or debt. Your parents or your children - you know not which of them are nearest to you in benefit. [These shares are] an obligation [decreed] by Allāh. Indeed, Allah is ever Knowing and Wise.

Here the word 'Nisa' is translated as 'if there are only women' instead of the traditional one 'if there are only daughters'.
This changes the whole idea.
Which means the 2/3 or 1/2 rule for daughters only applies if there are only women heirs left. Meaning, the deceased left only mother, daughter, wife, sister etc.

If there is a single male to partake in inheritance, the 2/3 or 1/2 rules don't apply.

In that case, we first distribute the wealth to the parents or spouses according to the fractions mentioned in 4:11-12. And then, we split the rest among the children.

This solves the issue of inheritance fractions adding up to more than 1.

Also, it makes sense. Cause we don't see any fraction mentioned for the male kids in 4:11 or 4:12. We only see a 2:1 ratio. So, it  is a good assumption that the kids will always get the rest after completing the distribution among other heirs.